3333-1-09 The "Ohio Instructional Grant" program.

(A) Authority

This rule is adopted under authority conferred upon the Ohio board of regents by section 3333.12 of the Revised Code.

(B) Ohio resident

Each eligible participating institution shall determine the residency status of students for “Ohio Instructional Grant” purposes in accordance with rule 3333-1-10 of the Administrative Code. Institutions of higher education participating in the “Ohio Instructional Grant” program shall provide individual students with a fair and adequate opportunity to present proof of their Ohio residency for purposes of this rule. Such institutions may require the submission of affidavits and other documentary evidence which it may deem necessary to a full and complete determination under this rule.

A “full-time student” is one who is enrolled in a degree-granting curriculum at a participating institution for not less than twelve credit hours per semester, quarter, or term.

(D) Appropriate progress

In working toward an associate degree, bachelor’s degree or nursing diploma, the student must maintain a grade point average or other standards of achievement considered by the institutions as satisfactory progress toward receipt of the degree or diploma sought by the student. A student placed on academic probation and attending classes as prescribed by the institution on a full-time basis shall be considered to be making appropriate progress.

(E) Instructional charges

Such charges include the tuition fee of an Ohio or eligible Pennsylvania privately sponsored college or university or diploma school of nursing, the instructional fee and general fee of an Ohio or Pennsylvania state-assisted college or university, and any fee of an Ohio or eligible Pennsylvania privately sponsored college or university or school of nursing comparable in purpose to the general fee of a state-assisted institution. The “Ohio Instructional Grant” may be used to pay the instructional charges of an Ohio or eligible Pennsylvania institution when a student is engaged in study outside the Ohio or eligible Pennsylvania institution provided that the outside courses are in integral part of the academic program of the Ohio or eligible Pennsylvania institution at which the student is pursuing the academic degree.

(F) Eligible institutions

(1) An “eligible institution” is: (a) an accredited Ohio or Pennsylvania public-assisted institution of higher education; or (b) an accredited Ohio privately sponsored non-profit institution of higher education having a “Certificate of Authorization” issued by the Ohio board of regents and a Pennsylvania privately sponsored non-profit institution of higher education which is comparably authorized by the state of Pennsylvania; or (c) an accredited diploma school of nursing having a “Certificate of Authorization” issued by the board of regents and a Pennsylvania diploma school of nursing comparably approved by the state of Pennsylvania; or (d) an accredited proprietary school that has received a “Certificate of Registration” and program authorization from the state board of proprietary school registration to award an associate degree or has a “Certificate of Authorization” issued by the Ohio board of regents to award a bachelor’s degree and is eligible to participate in Title IV federal student aid programs and comparable Pennsylvania schools approved by the state of Pennsylvania.

(2) In order to be considered as an eligible institution for “Ohio Instructional Grant” purposes, the institution must seek and secure accreditation from appropriate regional, and where appropriate, professional accrediting associations within whose jurisdiction they fall. All institutions, if requested by the board of regents, must provide evidence of their current status so far as institutional accreditation and professional accreditation is concerned. “Approved accrediting associations” are those recognized by the “Council on Postsecondary Accreditation” and includes the accrediting commission of the “Association of Independent Colleges and Schools.”

(G) Supportive economic unit

For “Ohio Instructional Grant” purposes, the “supportive economic unit” is any person or entity, other than the applicant’s spouse, that has contributed materially to the economic support of the applicant during any part of the calendar year which immediately precedes the year in which the grant application is filed or that has or will contribute materially to the economic support of the applicant during the year in which the grant application is filed or the year immediately following the year in which the grant application is filed.

(H) Gross income

(1) As used to determine the eligibility of dependent applicants for the “Ohio Instructional Grant,” “gross income” shall be defined as the adjusted gross income of the parents, student and student’s spouse as reported on federal income tax return, “Form 1040,” which is filed for the calendar year which immediately precedes the year in which the grant application is filed or the “Short Form 1040A” which is filed for the calendar year which immediately precedes the year in which the grant application is filed, minus the summer earnings of the student applicant, plus all nontaxable income received in the calendar year which immediately precedes the year in which the grant application is filed. Nontaxable income includes, but is not limit to, unemployment benefits, retirement benefits, veterans’ benefits, welfare benefits, social security benefits, and all nontaxable income from government bonds, nontaxable annuities and nontaxable capital gains. If no “Form 1040” or “Form 1040A” is filed for the year which immediately precedes the year in which the grant application is filed, the parents, student and student’s spouse shall report total gross earnings for the year which immediately precedes the year in which the grant application is filed. Income earned by dependent students in the federal college work study program during terms enrolled shall not be considered. If reported gross income is zero dollars, minus or below minimum weighted welfare standards, the board shall determine gross income by means of a supplemental financial report on which the parents will report total maintenance and support costs for the base year. The total base year living expenses shall be translated into gross income for “Ohio Instructional Grant” purposes.

(2) As used to determine the eligibility of independent applicants for the “Ohio Instructional Grant,” “gross income” shall be defined as the adjusted gross income of the student and student”s spouse as reported on the federal income tax return, “Form 1040,” which is filed for the calendar year which immediately precedes the year in which the grant application is filed or the “Short Form 1040A” which is filed for the calendar year which immediately precedes the year in which the grant application is filed plus all nontaxable income received in the calendar year which immediately precedes the year in which the grant application is filed. Nontaxable income includes, but is not limited to, unemployment benefits, retirement benefits, veterans’ benefits, welfare benefits, social security benefits, and all other nontaxable income from government bonds, nontaxable annuities and nontaxable capital gains plus any other financial resources available to the applicant for room, board and personal expenses in the calendar year which immediately precedes the year in which the grant application is filed. If no “Form 1040” or “Form 1040A” is filed for the calendar year which immediately precedes the year in which the grant application is filed, the student and student’s spouse shall report total gross earnings for the year which immediately precedes the year in which the grant application is filed. If reported gross income is zero dollars, minus or below minimum weighted welfare standards, the board shall determine gross income by means of a supplemental financial report on which the applicant (and spouse) will report total maintenance and support costs for the base year. The total base year living expenses shall be translated into gross income for “Ohio Instructional Grant” purposes.

(I) Eligibility

To be eligible for an “Ohio Instructional Grant,” a student must:

(1) Be a resident of the state of Ohio.

(2) Be enrolled as a full-time student in an eligible Ohio or Pennsylvania institution of higher education or less than a full-time student in the final term of enrollment prior to receiving a degree. Eligibility as less than a full-time student is restricted to one term.

(3) Make appropriate progress toward an eligible associate degree, bachelor’s degree, or nursing diploma.

(4) Not be enrolled in a course of study leading to a degree in religion or theology, or other field of preparation for a religious profession, unless such course of study leads to an accredited bachelor of arts, bachelor of science or associate of arts degree.

(5) If incarcerated in a penal institution, the applicant must be eligible for parole within five years of making application for the grant.

(J) Influence of other awards

If a student receives other awards, loans or scholarships which are nonadjustable and meet the total instructional and general fees of the institution, and cannot be applied to other educational costs, the student is not eligible to receive an “Ohio Instructional Grant.” If other awards, loans or scholarships are nonadjustable and must be used to cover some part of the student’s instructional and general fees, the “Ohio Instructional Grant” shall be reduced accordingly.

(K) Priority basis in awarding grants

If funds should not be available to make awards to all eligible applicants, preference shall be given in terms of income beginning with the lowest category of gross income and proceeding upward by category to the highest gross income category.

(L) Deadline dates

(1) All applications must be postmarked to the Ohio board of regents on or before the last Friday in September of each year. All applicants should apply before this deadline, including those who do not intend to enroll for the entire academic year. Applications postmarked after the last Friday in September of each year but before Friday of the last week of November of each year may be considered for partial awards only, based upon the the availability of funds.

(2) Students shall be notified of their eligibility no later than sixty days after their applications have been received by the Ohio board of regents. If a student does not receive notice within sixty days, he or she should contact the Ohio board of regents.

(M) Transferring a grant

(1) A student who has received an instructional grant may transfer the grant from one participating institution to another. To transfer a grant, the student should obtain a transfer or “Remaining Funds Request Form” from the financial aid office of a participating institution. Upon completion, the request form is to be forwarded to the Ohio board of regents by the student no later than fifteen days before the end of the quarter, term or semester which precedes the quarter, term or semester in which the transfer will take place.

(2) If a student transfers from a public institution to a private institution, the grant amount may be increased provided that sufficient funds are available. If the student transfers from a private institution to a public institution, the grant amount shall be reduced in accordance with the table of grants. Students should be counseled as to the possible effects of transferring an “Ohio Instructional Grant.”

(N) Refunds

If a student withdraws or becomes ineligible during the period of enrollment, the institution shall refund to the Ohio board of regents the established prorated amounts as determined by the board. The refund shall not exceed the prorated amount of the grant awarded to the student.

(O) Duration of grants

A student is not eligible for an “Ohio Instructional Grant” for more than ten semesters of undergraduate education, or the equivalent in quarters or terms. An applicant must reapply yearly to renew a grant.

(P) Payment of instructional grants

The student enrolled in a participating institution shall agree to permit the Ohio board of regents, on the student’s behalf, to make payment of the grant to the institution. The remittance shall be made payable to the institution in which the student is enrolled. If the student is eligible to receive a grant payment as less than a full-time student, the payment shall be reduced on the basis of the credit hours enrolled as a per cent of the twelve credit hours required for full-time status.

(Q) Application of grant

(1) The institution shall apply the grant awarded to the student to the instructional and general fees of the institution. The grant shall be distributed in equal proportions for each semester or quarter or term during the academic year beginning in September and ending in June. The grant shall be proportionately distributed by thirds in the case of quarters or terms and by halves in the case of semesters.

(2) Students enrolled during the summer term shall have their grants applied proportionately by thirds in the case of quarters or terms and halves in the case of semesters with the summer term amount being applied retroactively.

(R) Family status

(1) “Ohio Instructional Grants” shall be awarded upon the basis of family income; that is, the income of the student and his or her supportive economic unit. The objective of the program is to provide a supplemental source of financial assistance to students from families with income below the prescribed maximum levels in the table of grants provided in the law. In this way, it will be possible to assist in eliminating the economic barrier which may have discouraged promising students in planning to seek a higher education. Accordingly, the “Ohio Instructional Grant” program requires information about family income as a basis for determining the grant available under the law.

(2) It is the purpose of the “Ohio Instructional Grant” program to encourage parents to assume the financial responsibility for the student’s undergraduate education. It is not the purpose of the “Ohio Instructional Grant” program to encourage students to separate themselves financially from their families for the purpose of higher education enrollment.

(3) If a student has been a part of any other supportive economic unit contributing materially to his or her support in the calendar year which immediately precedes the year in which the grant application is filed, such student shall be considered a member of such unit for the purpose of determining “Ohio Instructional Grant” eligibility for the academic year.

(4) In order to qualify for consideration as a separate family unit, i.e., an independent student, the student must meet the following conditions:

(a) The student must not have received any financial support from any other supportive economic unit, other than the applicant’s spouse, during the calendar year which immediately precedes the year in which the grant application is filed or receive support during the calendar year in which the grant application is filed or the calendar year which immediately follows the year in which the grant application is filed.

(b) The student must not have resided with any other supportive economic unit, other than the applicant’s spouse, during the calendar year which immediately precedes the year in which the grant application is filed and must not reside with such supportive economic unit during the calendar year in which the grant application is filed or the calendar year which immediately follows the year in which the grant application is filed.

(c) The student must not have been claimed as a tax exemption by any other supportive economic unit, other than the applicant’s spouse, for the calendar year which immediately precedes the year in which the grant application is filed and must not be claimed as a tax exemption by any other supportive economic unit in the calendar year in which the grant application is filed or the calendar year which immediately follows the year in which the grant application is filed.

(d) The student must demonstrate financial means of self-support.

(5) Certification of the student’s support status shall be required by affidavits submitted by the student and student’s last supportive economic unit.

(6) Married applicants, applicants who are orphans without legal guardians, wards of the state or inmates of penal institutions may apply to the “Ohio Instructional Grant” program as independent students.

(S) Leave of absence

Students who have received grants, but for emergency or extraordinary reasons (as determined by the institution, not including academic reasons) must leave the institution for a particular quarter or term during the academic year, may be considered for the application of their grant to the remaining quarter or term during the current academic year. The institution shall notify the Ohio board of regents of the student’s re-enrollment through the establishment procedure utilizing the “Grant Payment Form.”

(T) Classification

The following definitions shall be utilized in establishing the race of an applicant. The classifications for statistical purposes are:

(1) Black American;

(2) Spanish-surnamed American;

(3) Oriental American;

(4) American Indian;

(5) Other.

(U) Application and income forms

(1) The application form must be completed by the student. A student who completes the application form improperly may be denied a grant.

(2) The parents’ income statement must be completed by the dependent student’s parents, legal guardian or person representing the applicant’s supportive economic unit. All signatures on the income statement must be notarized.

(V) Non-discrimination

It is the intent of the Ohio board of regents to provide “Ohio Instructional Grants” to full-time undergraduate students only if they enroll in participating Ohio and Pennsylvania institutions of higher education in which there is not discrimination among students in admission, in institutional services, or in placement based upon race, sex, religion or national origin. Each participating institution is expected to have met the various requirements under the provisions of the Federal Civil Rights Act of 1964, as amended.

(W) Full-time undergraduate students pursuing a second baccalaureate degree

Students who have previously completed the requirements for a baccalaureate degree are not eligible for an “Ohio Instructional Grant.”

(X) Appeals

(1) A student may appeal the decision of the student assistance office of the board of regents. Appeals from students who are requesting reassessment of their full-year award status must be received on or before the fourth Friday in the month of October of each year. Appeals received after the fourth Friday in the month of October of each year but on or before the first Friday in the month of January of each year will be considered for the second and third quarters or terms or the second semester only. Any changes in eligibility made after the fourth Friday in the month of October of each year will be based on the availability of funds.

(2) If the appeal is on the basis of possible incorrect income information that may have been reported on the application, the student and parents may be required to submit a copy of their official internal revenue service “Form 1040” and all attached schedules for the calendar year which immediately precedes the year in which the grant application is filed.

(3) A student may also request the use of estimated income for the calendar year in which the grant application is filed rather than actual income for the calendar year which immediately precedes the year in which the grant application is filed to determine his or her income eligibility when such a request is based on one of the following circumstances:

(a) The death of a wage earner in the applicant’s family in the calendar year which immediately precedes the year in which the grant application is filed or the calendar year in which the grant application is filed.

(b) A divorce or legal separation in the applicant’s family in the calendar year which immediately precedes the year in which the grant application is filed or the calendar year in which the grant application is filed.

(c) Unemployment of a family wage earner for at least ten consecutive weeks in the calendar year in which the grant application is filed due to a layoff, disability, retirement, or an involuntary termination of employment. (Consideration will be given where very exceptional circumstances exist. A student should not submit a duplicate application.)

(4) To request the use of estimated income the student should use the appeal form from the “Ohio Instructional Grant” application or submit a written statement to the assistant director indicating the reason for requesting the exception to base-year income.

(Y) Justification for collection and distribution of data

(1) Application process.

(a) Any Ohio resident who wishes to apply for consideration of an “Ohio Instructional Grant” is required to submit an official application which contains the following data:

(i) The student applicant’s social security number.

(ii) The student applicant’s name and address.

(iii) Information concerning the student’s residence.

(iv) Information concerning the marital status of the student, and student’s parents.

(v) Information concerning the student applicant’s enrollment status.

(vi) Age, sex and race of the student applicant (race and sex are optional; the student is not required to provide this information).

(vii) Income data of the student applicant’s parents and the student.

(viii) A federal income tax release form for audit purposes.

(ix) Information to determine a student applicant’s status (dependent or independent).

(b) The application from which this data is obtained shall inform the applicant which items of information are required and which are optional.

(c) The information provided on the application is used to determine the student applicant’s eligibility for an “Ohio Instructional Grant” as provided under section 3333.12 of the Revised Code, as amended.

(d) The social security number is the record identifier. The student’s name and address are used for mailing purposes and to assist in determining the applicant’s state of residence.

(e) Questions concerning citizenship and residence are for the purpose of identifying the applicant as a United States citizen and a resident of the state as required by statute. The question concerning the student’s course of study is to determine, as required by statute, that the applicant is not studying for a religious degree or profession. Class status is used to determine that the applicant is an undergraduate as required by law and to assist in determining that the applicant has not exhausted his or her eligibility. College choice is used to identify the institution in which the student intends to enroll for the purpose of notifying the institution of the applicant’s eligibility. Such information is also necessary to determine estimates of total commitments of the program statewide. Classification is required to assist in determining if the applicant meets the full-time requirements of the statute. Parental and student marital status are required to determine the accuracy of income reported and which income data is to be used in determining eligibility. Support status is required to determine which income data is to be used in the system and keys the system to the appropriate formula. Sex and race are optional. This data is used for statistical purposes only. It will assist in determining that the civil rights laws are not being violated. Age is required in that it becomes a factor in determining the independent student’s eligibility as facilitated through the formula for such students. All income data is required in order to determine the applicant’s eligibility as required by statute. A federal income tax release is required in order to verify and audit income information provided in the application. The affidavits are required in order to verify a student’s status as an independent student.

(f) The information provided on the application shall be accessible only to and by the applicant, each member of the board of regents, the chancellor of the board of regents, the deputy chancellor of the board of regents, and the staff of the student assistance office of the board of regents, which is responsible for processing the applications and determining each applicant’s eligibility. In addition, the state division of computer services shall have access to the application for the purpose of data entry, and shall have access to information provided on the application for the purpose of computer programming, data storage and statistical reporting.

(2) Notification process.

(a) Each student applicant shall receive a computer printed notification of eligibility status. In addition, the student financial aid office of the institution that the student has so designated on the application shall receive notification of the student’s award status. The information for eligible students shall be as follows in the notification to the institution:

(i) The student’s name and address.

(ii) The student’s social security number.

(iii) The student’s award number.

(iv) The amount of the award.

(b) For students not eligible, the notification shall provide the following:

(i) The student’s name and address.

(ii) The student’s social security number.

(iii) The reason for denial of an award.

(3) Release of information to applicant:

Student applicants’ access to their individual records shall be facilitated as follows:

The student assistance office, upon request by a student who has submitted an application to the board of regents for consideration of an “Ohio Instructional Grant” or an attorney with written authorization from the student, shall within ten days of the request, provide the student with either a written statement of the personal data contained in the student’s records or provide the student with visual access to his or her records through computer microfiche files. The application document shall be accessible to the student only if it is still stored in office files. Arrangements shall be established with the state division of computer services to identify all and any records stored in computer tapes where a request for access to such records has been made by a person with an application on file. If a copy of the application is requested by the student or the student’s attorney, a reasonable fee may be assessed, not to exceed the actual cost of copying the application.

(4) Payment and refund process.

At the beginning of the academic year, each institution is required to submit award certificates to the student assistance office of the board of regents. The completed certificates are used to generate computer “Grant Payment Forms” which are sent to the institutions with a warrant. At the conclusion of each term, the “Grant Payment Form” is used by the institutions to report refunds and eligible students no longer enrolled. The completed form is submitted to the student assistance office of the Ohio board of regents with the appropriate refund. An updated “Grant Payment Form” is provided each institution for each subsequent term. These forms contain the following data:

(a) The eligible student’s name.

(b) Social security number.

(d) Distribution of grant award for each quarter, term or semester enrolled.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 119.03

Rule Amplifies: 3333.12

Prior Effective Dates: 8/3/78, 11/16/79, 10/3/80, 5/7/82, 2/27/84, 12/30/88, 3/2/90, 3/6/92